[Proposed during the National Convention of the CEAP in Iloilo, Sept. 26, 2019]
[Click here for the PDF version of the draft bill]
AN ACT ESTABLISHING A FUND FOR THE STANDARDIZATION OF SALARIES OF PRIVATE SCHOOL TEACHERS AND APPROPRIATING FUNDS THEREFOR.
WHEREAS, it is the policy of the State to protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all;
WHEREAS, in the furtherance of its objective of ensuring quality education that is accessible to all, it is likewise the State policy to assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment;
WHEREAS, it is hereby understood that the adequate remuneration of teachers shall also include teachers in the private sector, in recognition of the complementary roles of the public and private institutions in the educational system;
WHEREAS, the adequate remuneration of teachers is in recognition of the service to the common good they provide to the nation, be they from the public or private sector, as well as to guarantee said teachers’ right to a just and living wage;
WHEREAS, the State by addressing the problem of adequate remuneration of public school teachers through legislation (i.e. the Salary Standardization Law), it has unwittingly created a gap in policy and implementation in that there now exists a glaring disparity between the entry-level salary of public school teachers with that of the private school hires;
WHEREAS, said disparity of salaries between public school and private school hires have also, unfortunately, resulted in the migration of private school teachers to the public sector, to the utter prejudice of the private schools that have invested a considerable amount of time and capital in the formation of these teachers;
NOW THEREFORE, in recognition of the problems created by State intervention as regards the remuneration of public school teachers, and in recognition of the complementary role of the private education sector with that of the public, there is a need to establish a fund that would help ‘bridge the gap” by augmenting the difference between the entry-level salary of public schools with that of the private schools.
Sec. 1. Title. – This Act shall be known as the ‘Teachers’ Salary Standardization in Private Education Act of 2019.’
“Sec. 2. Declaration of Policy. – It is the declared policy of the State in conformity with the mandate of the Constitution, to promote and make quality education accessible to all Filipino citizens. In furtherance of this policy, the State shall assign the highest budgetary priority to education and ensure that teaching will attract and retain its rightful share of the best available talents through adequate remuneration and other means of job satisfaction and fulfillment.
In recognition, however, of the complementary roles of public and private educational institutions in the educational system and the invaluable contribution that the private schools have made and will make to education, it shall therefore be understood that the “adequate remuneration” mentioned in the state policy shall likewise include qualified teachers in the Private Sector.
For these purposes, the State shall provide the mechanisms to improve quality in private education by maximizing the use of existing resources of private education, recognizing in the process, the government’s responsibility to provide basic elementary and secondary education, post-secondary vocational and technical education and higher education.
Section 3. Principle on Salary Standardization of Teachers in Private Education. Basis. – In recognition of the principle of complementarity of the private and public educational sectors that both serve the interest of the common good in its service and commitment to quality education for all, it is hereby reiterated that the right to adequate remuneration of teachers, including those in the private sector, is not just a constitutional promise, but a social justice measure intended to rectify an unjust scenario where, by legislation, the salaries of public school teachers are increased regularly, leaving the private education sector at a loss on how to keep up with its public counterpart; how it can effectively keep its teaching personnel from migrating to the public sector when the increases of salaries of private teachers are not affected by law but are primarily dependent on tuition fees charged by a school.
Section 4. Salary Standardization Fund – There shall be a separate fund created to augment the disparity between the salaries received by public school teachers with that of the private school teachers. Qualified teaching personnel in private educational institutions can avail of this fund, where the appropriate amount is determined based on the difference between the entry-level salary received by a public school teacher, as established by law, with the National Average Entry-level salary of private school teachers.
For this purpose, the National Economic Development Authority (NEDA), in consultation with the Department of Education (DEPED), the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority [TESDA] is hereby tasked to come up with a formula that would determine the National Average of Entry-level Salaries of private schools.
Section 5. Implementing Rules and Regulations. Within sixty (60) days following the effectivity of this Act, a multi-sectoral advisory council shall be convened, comprised of: representatives from the National Economic Development Authority (NEDA), in consultation with the Department of Education (DEPED), the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority [TESDA], the Coordinating Council for Private Educational Associations (COCOPEA) and from a national labor organization of private education workers. The said body shall craft the implementing rules and regulations, determine who may be qualified to avail of this fund, the requirements for its entitlement and such other implementing provisions.
Sec. 6. Appropriations. – The amount needed to implement these programs shall be provided for in the annual General Appropriations Act for the year ______.
Sec. 7. Repealing Clause. – All laws and decrees, p which are inconsistent with this Act are hereby repealed or modified accordingly.
Sec.8. Separability Clause. – If any provision of this Act is declared unconstitutional, the same shall not affect the validity and effectivity of the other provisions not affected thereby.
“Sec.9. Effectivity Clause. – This Act shall take effect immediately upon its publication in English in an English newspaper and in Filipino in a Filipino newspaper, both of general circulation.